“Customer” a person that registers with and has a DocuSign Signature account, and has a DocuSign Payments enabled DocuSign Signature account.
“DocuSign Payments” means the feature of DocuSign Signature designed to collect payment information for the purpose of payment processing.
“DocuSign Signature” means the on-demand electronic signature DocuSign service, which provides online display, certified delivery, acknowledgment, electronic signature, and storage services for eDocuments via the Internet.
“eDocuments” refers to a contract, notice, disclosure or other record or document deposited into DocuSign Signature by Customer for processing.
“Envelope” means an electronic record containing one or more eDocuments consisting of a single page or a group of pages of data uploaded to the system of DocuSign Signature.
“Payment Applications” refer broadly to all payment applications, gateways, processors and service providers that store, process, or transmit cardholder data as part of authorization or settlement, where these payment applications are sold, distributed, or licensed to Customer and/or you.
“Transaction Data” means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses and signature IDs) and maintained by DocuSign in order to establish the digital audit trail required by DocuSign Signature.
“You” or “your” means the person that uses DocuSign Payments to make a payment transaction that results in a debiting or charging of an amount to such person’s payment instrument and the crediting of funds to Customer; and/or accepts a payment transaction that results in a crediting of funds to such person and the debiting or charging of an amount to Customer.
2. PAYMENT TRANSACTION PROCESSING
2.1 To facilitate payments, you will be required to provide DocuSign with certain information to allow DocuSign, among other things: transmit your name or other identifying information; to receive appropriate payment authorization if applicable, and to collect any other information a Customer or Payment Application requires of you to send the payment. In order to use DocuSign Payments, you must provide current, complete, and accurate information and maintain it as current and accurate. You authorize DocuSign to store, process and transmit your information as necessary for Customer and/or Payment Application to process a payment transaction to complete a payment for purchase between Customer and you, and/or to maintain Transaction Data.
2.2 You acknowledge and agree that your purchases and payment transactions are transactions between Customer and you, and not with DocuSign or any of its affiliates. DocuSign is not a Payment Application or a party to your purchases. DocuSign and its affiliates are not a buyer or a seller in connection with any payment transaction, unless expressly designated as such in the listing of the merchandise, products or services on a DocuSign website or ordering document. You acknowledge that DocuSign does not control the payment methods made available by the Payment Applications through DocuSign Payments nor the products or services that are offered by Customers, and DocuSign cannot ensure that a Customer will complete a transaction or is authorized to do so. The Payment Application and Customer are independent contractors and not agents or employees of DocuSign or its affiliates.
2.3 You acknowledge and agree that you are responsible for complying and conducting all business transactions in accordance with all applicable federal, state, and local laws and regulations at all times.
3. NO WARRANTY; DISCLAIMERS
DOCUSIGN PAYMENTS IS PROVIDED “AS-IS”, “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. DOCUSIGN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DOCUSIGN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE EFFECTIVENESS OR VALIDITY OF ANY PAYMENTS, REGARDING THE TRANSACTIONS SOUGHT TO BE EFFECTED BY ANY PAYMENTS OR EDOCUMENTS, OR THAT THE FUNCTIONS CONTAINED IN DOCUSIGN PAYMENTS WILL BE UNINTERRUPTED OR ERROR FREE. DOCUSIGN SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, OR DELAY OR MISDELIVERY OF A PAYMENT, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR DOCUSIGN PAYMENTS.
4. RELEASE AND COVENANT NOT TO SUE
5. LIMITATIONS OF LIABILITY; FORCE MAJEURE
5.2 DocuSign shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of DocuSign, including by not limited to, governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
6. GOVERNING LAW
7. MANDATORY ARBITRATION
8. USE OF ELECTRONIC COMMUNICATIONS; NOTICE
8.2 For those communications or records that DocuSign is otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact DocuSign through the Support contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and DocuSign reserves the right to charge a fee to provide such paper copy; (c) you may contact DocuSign through the contact page to withdraw consent to receive electronic communications; and (d) DocuSign reserve the right to terminate your use of DocuSign Payments if you decline or withdraw consent to receive electronic communications from DocuSign.
8.3 Notice to DocuSign may be made by mail to: DocuSign, Inc., Attn: DocuSign Legal, 221 Main Street, Suite 1000, San Francisco, CA 94105.
DocuSign shall have the right, in its sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a DocuSign website or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to payment transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to discontinue your use of DocuSign Payments.
12. ENTIRE AGREEMENT
13. LANGUAGES AND TRANSLATIONS